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United States V. Leon (1983)

 

Document 1

From: William J. Brennan, Jr.
To: Thurgood Marshall, John Paul Stevens
Copied: None
On: January 23rd, 1984
Action: Will Write Dissenting Opinion
A memo where a justice states that he or she will circulate a dissenting opinion draft, including that a dissenting opinion will be out soon or that a revised draft of the dissenting opinion will be circulated; this also applies to statements responding to dissent assignments like will be glad to write dissent, self-assignment of dissent (e.g., we are in dissent and I will write it), or requesting permission to write dissent (e.g., is it ok if I write a dissent)

Document 2

From: Byron R. White
To: Conference
Copied: None
On: February 23rd, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: Thurgood Marshall
To: Byron R. White
Copied: Conference
On: February 24th, 1984
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 4

From: William J. Brennan, Jr.
To: Byron R. White
Copied: Conference
On: February 24th, 1984
Action: Will Write Dissenting Opinion
A memo where a justice states that he or she will circulate a dissenting opinion draft, including that a dissenting opinion will be out soon or that a revised draft of the dissenting opinion will be circulated; this also applies to statements responding to dissent assignments like will be glad to write dissent, self-assignment of dissent (e.g., we are in dissent and I will write it), or requesting permission to write dissent (e.g., is it ok if I write a dissent)

Document 5

From: Lewis F. Powell
To: Byron R. White
Copied: None
On: February 25th, 1984
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 6

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: February 25th, 1984
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 7

From: Byron R. White
To: Conference
Copied: None
On: February 28th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 8

From: Byron R. White
To: Lewis F. Powell
Copied: None
On: February 28th, 1984
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 9

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: February 28th, 1984
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 10

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: March 13th, 1984
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 11

From: Byron R. White
To: Conference
Copied: None
On: March 14th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 12

From: Sanda Day O'Connor
To: Byron R. White
Copied: Conference
On: March 15th, 1984
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 13

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 15th, 1984
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 14

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: March 15th, 1984
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 15

From: Byron R. White
To: Conference
Copied: None
On: March 21st, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: March 29th, 1984
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 17

From: Byron R. White
To: Conference
Copied: None
On: June 26th, 1984
Action: Majority Opinion
This refers to a majority opinion draft

Document 18

From: Byron R. White
To: Conference
Copied: None
On: June 29th, 1984
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference

Document 19

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: July 2nd, 1984
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 20

From: Byron R. White
To: Conference
Copied: None
On: July 3rd, 1984
Action: Will Not Modify Majority Opinion
A memo where a justice states that he or she will not change the majority opinion or will not circulate another draft of the majority opinion. This is not in response to a justice’s suggestion, which is coded 806.
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion